Early federal enrollment data for the 2026 Affordable Care Act (ACA) marketplace plan year indicates a meaningful decline in coverage following the expiration of enhanced premium tax credits, which may have significant implications for hospitals and providers as coverage affordability pressures grow and payer mix volatility increases.

Enrollment Declines Following Subsidy Expiration

As of early January 2026, approximately 22.8 million individuals had enrolled in ACA marketplace coverage, compared with 24.2 million enrollees at the end of the 2025 enrollment cycle, a 5.8% decline in coverage, with 1.4 million fewer enrollees overall.

While enrollment remains open in some states, these figures represent the first major data point illustrating the impact of the expiration of enhanced federal premium tax credits, which had substantially lowered coverage costs in recent years. Importantly, the FY2026 appropriations bill did not extend these enhanced subsidies, meaning many consumers are now facing significantly higher out-of-pocket premium costs.

Current projections suggest that premiums for many enrollees may more than double, on average, in comparison to 2025 costs. Although a bipartisan group of lawmakers continues to discuss potential legislative extensions, no such measure has been enacted to date.

State-Level Enrollment Trends

State-reported enrollment data released by the Centers for Medicare & Medicaid Services (CMS) on January 28, 2026, show uneven but concerning shifts across markets, with several large federally facilitated marketplace states experiencing notable enrollment declines, including Florida, North Carolina, and Ohio.

Other states, including California, Colorado, Minnesota, New Mexico, Idaho, Virginia, and Pennsylvania, reported strong enrollment totals in early snapshots, although year-over-year comparisons remain incomplete.

Overall, the available data suggests a broad downward pressure on coverage uptake across multiple states, rather than isolated market fluctuations.

New Jersey Marketplace Trends

The national coverage shifts are particularly relevant for New Jersey, which operates its own state-based exchange through GetCoveredNJ. In recent years, New Jersey saw record marketplace participation, with more than 500,000 residents enrolled in 2025 coverage, driven in part by enhanced federal subsidies and state outreach initiatives.

However, with the expiration of those subsidies entering the 2026 plan year, many residents are now facing higher net premiums. In response, New Jersey extended its open enrollment period through January 31, 2026, to allow additional time for consumers to evaluate coverage options.

Even so, early data suggests notable shifts in consumer behavior. Among individuals actively shopping for plans, the selection of Silver plans declined from approximately 83% in 2025 to 69% in 2026, while Bronze plan selections increased from 16% to 30%.

At the same time, the share of consumers receiving financial assistance that reduced premiums to $10 per month or less dropped from 48% in 2025 to just 10% in 2026. These changes suggest that consumers are responding to higher premiums by selecting lower-cost plans with higher deductibles and cost-sharing obligations.

Implications for Hospitals and Providers

For healthcare providers, these coverage trends should raise concerns. Even when patients remain insured, higher deductibles and increased cost sharing may lead to delayed care, increased uncompensated care, and growing patient bad debt.

Hospitals and health systems should anticipate continued potential payer mix volatility and greater patient financial responsibility as these market shifts continue to unfold.

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Photo of Sukrti Thonse Sukrti Thonse

Associate, Corporate and Healthcare

Sukrti supports the firm’s representation of clients in corporate transactions and in legal matters related to the healthcare sector, with experience across all stages of the corporate life cycle.

Her work includes the formation of corporate entities, including capitalization…

Associate, Corporate and Healthcare

Sukrti supports the firm’s representation of clients in corporate transactions and in legal matters related to the healthcare sector, with experience across all stages of the corporate life cycle.

Her work includes the formation of corporate entities, including capitalization structures, fundraising, financing, strategic issues, and negotiations with investors. She provides support related to merger and acquisition transactions, venture capital financings, public offerings, regulatory due diligence reviews, private equity investments, regulatory disclosures in securities filings, and transactions involving FDA-regulated entities. She also assists clients with issues related to corporate governance and day-to-day business operations.

Sukrti has developed expertise related to HIPAA compliance and other healthcare privacy issues. She provides guidance on regulatory frameworks, including those associated with FDA regulations, the Anti-Kickback Statute, Stark Law, and other healthcare compliance concerns.

Contact information:

sthonse@greenbaumlaw.com | 732.476.2480 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

Photo of James A. Robertson James A. Robertson

Partner and Chair, Healthcare

Jim’s healthcare practice is reflective of his significant expertise across a wide range of legal disciplines, enabling him to effectively counsel clients on a myriad of healthcare regulatory, corporate and litigation matters. He represents a diverse array of healthcare…

Partner and Chair, Healthcare

Jim’s healthcare practice is reflective of his significant expertise across a wide range of legal disciplines, enabling him to effectively counsel clients on a myriad of healthcare regulatory, corporate and litigation matters. He represents a diverse array of healthcare industry clients including for-profit and not-for-profit healthcare and hospital systems, academic medical centers, nursing homes, home health agencies, medical device manufacturers, pharmaceutical companies, integrated delivery networks, physicians and physician practice groups, and healthcare private equity funds.

Jim provides comprehensive representation in connection with all types of healthcare transactions, including corporate mergers and acquisitions, joint ventures, and divestitures. He assists clients with the structuring and creation of clinically integrated networks (CINs), organized delivery systems (ODSs), accountable care organizations (ACOs), multiple employer welfare arrangements (MEWAs), and health insurance companies. He oversees the establishment and purchase/sale of individual physician and group practices, ambulatory surgery centers, nursing homes, and assisted living facilities. He structures and negotiates compensation arrangements with physicians in connection with employment and exclusive contracting arrangements, medical directorships, physician recruitment initiatives, hospital department management, office and equipment leases, and management services arrangements. He also negotiates managed care agreements and risk-sharing arrangements with payors and represents healthcare clients in payor litigation.

On the regulatory and compliance fronts, Jim regularly provides guidance on issues related to fraud and abuse laws, including the federal Anti-Kickback Statute and Stark Law, the New Jersey Codey Law, the certificate of need statute and Community Healthcare Asset Protection Act (CHAPA), as well as other regulatory compliance issues associated with healthcare transactions and physician-integration arrangements. He develops, implements, and maintains corporate compliance programs for hospitals and other providers in the healthcare industry and is well-versed in the compliance issues associated with, and the implementation of requirements under, the Health Insurance Portability and Accountability Act (HIPAA), the Emergency Medical Treatment and Labor Act (EMTALA), and the Affordable Care Act (ACA).

In the area of information privacy and data security, Jim advises healthcare clients on issues arising under HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). This includes the drafting and negotiation of HIPAA compliant business associate agreements with third party vendors, drafting and assisting in the enforcement of privacy and security policies within client organizations, and providing guidance on record retention requirements and the physical or electronic storage of medical records. In addition, he represents healthcare clients in investigating, reporting, and remediating information breaches and the liability such breaches create under various information privacy and security laws.

Jim assists clients in seeking advisory opinions from federal and state regulatory agencies, and regularly represents healthcare entities in Medicare, Medicaid, charity care, graduate medical education (GME) and disproportionate share hospital (DSH) reimbursement matters before state administrative agencies and the federal Provider Reimbursement Review Board. His work also encompasses internal audits and investigations, responding to government inquiries, investigations, subpoenas and search warrants, and providing advice in connection with voluntary self-disclosures and corporate integrity agreements (CIAs).

Jim is a resource for addressing medical staff matters, providing counsel on fair hearing requirements and designing state-of-the-art medical staff bylaws. He also provides guidance in connection with strategic initiatives on system affiliations including the establishment of outpatient health care offices, diagnostic imaging facilities and ambulatory surgery centers.

Contact information:

jrobertson@greenbaumlaw.com | 973.577.1784 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.